"التنازلات. ماهيتها، وما تأثير إلغائها على وضع الرعايا البريطانيين في تركيا، وعلى مصالحهم وحرياتهم، وعلى التجارة البريطانية بشكل عام." [ظ‎‎٥] (٢٨/١٠)

Each view is historically inaccurate. Indeed, the only method of arriving
at an understanding of the meaning and effect of the Capitulations is to
regard their history. They are really, as 1 shall endeavour to show, a
survival into our own times of legal conception of the Later Roman, or as
1 prefer to call it, the Greek Empire.
** هذه التواريخ تقريبية It is unnecessary for my purpose to enter at any length upon the
question how foreigners were governed under Roman ^ rule during the first
thousand years of our era. It is sufficient to say tnat under the Greek
Empire, and in Syria during the Crusades, foreigners formed colonies within
the empire, which were governed by their own law r s and administered by
their own magistrates. The right to reside in the territory held by the
Saracens or in that of the empire was conceded by the Moslem or imperial
ruler by Treaties, usually called Capitulations. Foreigners of the favoured
nationality were allowed residence, but always on condition of being subject
to the sovereign to whom they had owed allegiance when they came into
the East, and under whose jurisdiction they were to remain while resident
in such Moslem or Greek territory. The text of many of these Capitulations
still exist. Possibly the earliest were those granted to the Russians in 905
and 945. From the latter date we have an unbroken series of Capitulations
until the capture of Constantinople by the Turks. Many also had been
granted by the Saracens in Syria.
" When the Turks captured Constantinople they found Capitulations in
full force, Galata on the opposite shore of the Golden Horn was a walled
city occupied by Genoese, who, by virtue of their Capitulations with many
emperors, elected their own podesta or mayor, were governed by their own
laws, and were all subjects of the Duke of Milan. The Sultan, within a
few days after the conquest, confirmed their Capitulations, though he would
not allow their fortifications to remain. He stipulated that they should govern
themselves and remain subject to the Duke of Milan their over-lord.”
In the following year, 1454, the Venetian colony, which had taken
an active part in resisting Mahomet during the siege, likewise received Capitula
tions and were allowed to govern themselves under their own bailo or mayor,
it being always of course understood that they should continue subjects of
the Republic of Venice. We need not trouble ourselves about other Capitulations
until we come to those given to France in 1535. A few years afterwards
the first Treaty of Capitulations was made with England. This was subse
quently renewed and added to in the time of Charles II., in 1675.
Now the English Treaty obtained by the Ambassador Harebone m
the last years of Queen Elizabeth was based upon the French Treaty of
1535, and that again was founded on, and so far as legal principles are
concerned was identical with, the Treaties with Genoa and Venice. The
English Treaties of Elizabeth and Charles II. have never, so far as the
legal status and privileges of British subjects are concerned, been changed
from that day to the present.”
“ The best and most recent work on the Capitulations is ' Le Regime
des Capitulations dans I’Empire Ottoman,’ by G. Pelissie du Rausas (Paris,
1902). This writer points out that the determination of the rights of the
foreigner resident in Turkey is not left to the discretion of the Ottoman
legislator. It is settled by convention (between the Sultan and the Christian
sovereign), and this convention which defines the situation of the foreigner
assures to him in presence of the territorial law and authorities a nearly
complete independence.”
" After sketching the history of the Capitulations, the writer claims that
the great French Treaty of 1535 made the rules already existing general
and extended to all the provinces of the Ottoman Empire the application
of principles which were already in existence and had long been followed
in most of the Mahometan countries which Turkish arms had conquered.”